Douglasville, GA asked in Family Law and Trademark for Georgia

Q: Fathers legal rights were taken away do I still need to have consent to change my daughter's last name?

My divorce was final 4 years ago after my ex husbands arrest. In my divorce decree his rights were taken away and no contact with put in order. he was convicted and sentenced to 30 years in prison. I did not Want my last name different than my daughter's, now she is 13 and would like to have my maiden name. I want to also change my name back as well. Everything I'm reading says I need to have his consent to change her name, is that true if his rights were taken away by a judge?

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2 Lawyer Answers
Ellaretha Coleman
Ellaretha Coleman
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: We would need to review the language in your divorce decree to determine whether you would need his consent to change the name. I would recommend you schedule a consultation with an experienced family law attorney to discuss your specific situation.

Homer P Jordan IV agrees with this answer

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Without knowing your case in detail and just going off of what is posted here, I would think you do not need his approval, because he has no rights to the child. You may want to consult with an attorney who can review the case and provide you with guidance to make the change. -Homer P. Jordan IV, Esq. 404-620-1558

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